Bhavesh v. State (Govt. Of NCT Of Delhi) & ORS.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 839/2017 BHAVESH ..... Petitioner Represented by:

Mr. Om Dutt Sharma, Adv.

with petitioner.

versus STATE (GOVT. OF NCT OF DELHI) & ORS. ..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP with ASI Baljor Singh, PS Punjabi Bagh.

Mr. Gulab Singh with Ms.

Geetanjali, Advs. for R-2 & R3 with R-2 and 3.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 08.03.2017 By the present petition, the petitioner seeks quashing of FIR No.298/2016 under Sections 363/323/506 IPC registered at PS Punjabi Bagh on the complaint of respondent No.2 and proceedings pursuant thereto as the parties have settled the matter.

Learned APP for the State on instructions state that in the above noted FIR, the petitioner is the only accused as charge sheet has been filed only against him and respondent No.2 the complaint and respondent No.3 his daughter the victim who was minor at the relevant time but is major now. Respondents No.2 and 3, who are present in Court and identified by learned counsel and the investigating officer submit that with the intervention of family friends, they have settled the matter with the

petitioner vide memorandum of understanding dated 13th February, 2017 a copy whereof is placed on record at pages 35 to 38 of the paper book. They state that they do not wish to pursue the above noted FIR and the proceedings pursuant thereto. The petitioner who is present in Court and identified by learned counsel affirm the statement of respondent Nos. 2 and 3 and state that he will abide by the terms of settlement dated 13th February, 2017.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No.298/2016 under Sections 363/323/506 IPC registered at PS Punjabi Bagh, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MARCH 08, 2017 'v mittal'